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2026 DAILYLAW 15202 (PAT)

Shailendra Yadav v. The State of Bihar

/21380/2026 · 2026-05-01

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21380 of 2026 Arising Out of PS. Case No.-829 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Shailendra Yadav Son of Late Ramchandra Yadav Resident of Village- Chitaha, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Suraj Kumar Tiwari, Advocate For the State : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 01-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. 3. The prosecution case, in brief, is that on 30.11.2018 at about 5 PM, when the informant, namely Jata Shankar Dwivedi, was talking to his brother, namely Vinod Kumar Dwivedi, regarding harvesting of paddy crops, in the meantime, all the F.I.R. named accused persons, including this petitioner, assaulted informant with khanti, mungri, iron rod, etc.. 4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Patna High Court CR. MISC. No.21380 of 2026(2) dt.01-05-2026 2/2 From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against co-accused Mahendra Yadav. So far as this petitioner is concerned, there is general and omnibus nature of allegations and no specific accusation of overt act has been alleged against this petitioner. Moreover, charge-sheet has already been submitted and petitioner is in custody since 13.01.2026. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and period of custody, the prayer for grant of bail to the petitioner is allowed. 7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 829 of 2018. shashank/- (Prabhat Kumar Singh, J) U T